Re: Marinus makes headlines again

[mauried@commslab.gov.au (Maurie Daly)]

In article <37c9ea45.4013534@news.enternet.com.au> steam4me@enternet.com.au (Yuri J Sos/Melbourne) writes:
>From: steam4me@enternet.com.au (Yuri J Sos/Melbourne)
>Subject: Re: Marinus makes headlines again
>Date: Fri, 27 Aug 1999 12:39:33 +1000

>On Thu, 26 Aug 1999 03:29:21 GMT, mauried@commslab.gov.au (Maurie
>Daly) wrote, and I selectively quote:

>>These lines were closed when FV bought the assets of VLF and its not 
>>reasonable to now expect the Govt to pay to open them, otherwise the Govt 
>>could have sold VLF for a higher price based on a promise to re-open new lines.

>Sorry, Maurie, I beg to disagree.  In the case of Sale - Bairnsdale
>and Cranbourne - Nyora the lines are NOT closed, only booked out, in
>the case of Nyora line available for low speed running/rolling stock
>transfers with 6 weeks' notice to VicTrack.

> RailAmerica's Claytor was talking about timber from Bairnsdale and
>sand, super and dairy products from the Leongatha line long *before*
>they were successful in the purchase of VLF.

OK , Ill re phrase the original answer.
The sale of VLF to FV included rolling stock and a lease of the rail track 
assetts for 15 years in the condition they were in at the time of the sale.
Whether lines are closed. booked out of service ,temporarly closed , or 
whatever ceases to have any meaning after the sale is completed.
Its up to the lessee whilst the lease is current to do what they want to with 
the leased assetts.
Its not the responsibility of the landlord to improve the condition of the 
leased assetts over and above what they were at the time of the sale , unless
such improvements were specifically part of the sale conditions.
FV knew , or ought to have known exactly what they were buying at the time of 
the sale .
Claiming that they thought the Govt should re-open lines or improve such lines 
after the sale is completely irrelevant unless such lines were part of the 
sale conditions , in which case FV could seek legal redress thru the courts.

MD